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MONTOUR v. URIS BUILDERS, INC.

42 A.D.2d 788 (1973)

Mona Montour, Individually and as Administratrix of The Estate of Matthew Montour, Appellant, v. Uris Builders, Inc., Defendant, and Arc Electric Construction Co., Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 30, 1973

Judgment reversed, on the law and in the interests of justice, and new trial granted, with costs to abide the event.

The appeal did not present questions of fact. Reversible error was committed by allowing evidence of a conversation between the defense witness Kalbacher and plaintiff's witness Zachary, which evidence impeached the direct testimony previously given by Zachary. No foundation was laid for the reception of this...

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